HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Tuesday, August 9, 2022

Abortion Laws and Bangladesh in 2022

Samia Jaman Karobi (Independent), Abortion Laws and Bangladesh in 2022, SSRN (2022):

It becomes withering to turn to covert abortions for legal contextual contentions, resulting in a high rate of abortion death. Aside from society's ignorance, there are several other contentions directly contributing to abortion mortality problem, such as laws governing abortion in Bangladesh. Existing law appears to be unfavorable and incongruous with various Bangladeshi contexts such as serious abnormalities of mother or unborn, sexual crimes or non-consensual pregnancies other than gender-identifying abortions and consensual pregnancies. It is critical to have a discussion on subject in order to understand the effectiveness and flaws of existing legislation and to identify appropriate alternatives. The research is conducted using qualitative method, making a comparative study to discuss the need to think in novel ways in order to alleviate problems arising from practicing and relying on archaic regulations and current state of abortion laws in Bangladesh and the need for reformation in this regard. This paper takes an intense outlook at existent abortion rules and regulations in order to demonstrate that, through a global context, some of them make significant legislative or health care sense. Although factors have contributed to existing law change for women rights, sexism, religious faith, virtue, or administrative indifference, and whether there are any contemporary abortion laws are suited for specific justification. I am not arguing in support of literal decriminalization of every abortion cases but trying to say that law should be flexible to some extent to face problems resulting from cynical legal provisions inconsistent with constitutional commitments and human rights.

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